WHEELING - A driver swerving in and out of a highway's marked lanes in the darkest hours of the morning may not be under the influence of alcohol - instead, Wheeling police Sgt. Ron Didion said, that driver may be "intexticated."
Didion said "intexticated" is how law enforcement officials increasingly describe drivers who send text messages from behind the wheel. The sergeant said texting - or the use of other electronic devices while driving - is now one of the greatest dangers on the highway, and there currently is little or nothing Mountain State law enforcement officers can do to prevent it.
Didion said it is not illegal for a West Virginia motorist with a valid driver's license to send text messages while driving. And according the sergeant, it is considered only a secondary offense for those driving with a learner's permit. He said that means the driver must be committing a more serious road violation for a traffic stop to be legally initiated.
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The West Virginia Senate is considering laws regarding sending text messages and using other electronic devices while driving a vehicle.
Didion also termed the current penalty for a learner's permit driver caught texting or using other electronic devices behind the wheel is "ridiculous."
"It's only a $25 fine," Didion said. "Everyone knows these things are causing crashes and injuries, but our hands are tied. We've seen them all over the highway."
Didion said it has not been that long since simply talking on a cellular phone while driving was considered a serious road hazard. And he said text messaging and the use of electronics behind the wheel is a far greater danger on the road than a cell phone conversation.
"Talking on the phone is nothing now," Didion said. "Their mind may not be focused on what they are doing, but at least they are looking forward. Now there are iPods and GPS systems, and people can access the Internet on their cell phones."
But Didion said there is good news. He believes a bill being considered by the West Virginia Senate is a step in the right direction. The sergeant said Senate Bill No. 131 would prohibit the use of handheld cellular telephones and other electronic devices while driving and provide a penalty for violations. Under the bill, a person could be fined for a violation, but no points would be assessed against his or her driver's license.
The law, if passed, would not apply to a driver of a motor vehicle who uses a cellular telephone with a headset or a cellular telephone with a speaker system that does not require the driver to hold the cellular telephone in his or her hands while driving.
A guilty plea would result in a misdemeanor charge, and an initial conviction would result in a fine of no more than $100. A second conviction within one year would result in a $200 fine, and a third or subsequent conviction would result in a $500 penalty.
Although he believes a cell phone offense should count against the violator's driver's license, Didion said he was pleased to learn of the proposed fines. The sergeant said the proposed fines are comparable to traffic signal violations and other traffic offenses.
Didion said there are few numbers to document the number of injuries or deaths resulting from texting and using other electronics behind the wheel. He said only recently have police departments started citing the use of an electronic device as a contributing factor in a crash.
Didion said law enforcement spent years encouraging motorists to wear seat belts, and a great majority of motorists now do so. The sergeant said law enforcement's goal now is to educate and encourage motorists to stop texting and using other electronics while behind the wheel.
"For years we were trying to get you to buckle up, now were trying to get you to hang up,"Didion said.
But those who admit to texting while driving don't seem eager to change their habits. Hannah Otto and Zachary Taylor are both 19-year-old cosmetology students in Wheeling, and both said they don't believe texting while driving should be illegal.
Taylor said, for him, texting behind the wheel is a necessity. He has to "stay in touch with his people." He also said if there are those who can't handle texting while driving, he isn't one of them.
"I'm a pro," Taylor said. "I have the keys memorized. I don't even have to look down."
Otto, on the other hand, admitted there may be some dangers in driving while "intexticated."
"I almost hit the guardrail one night," she said. "My mom yelled at me, and she had to grab the wheel."